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DIVERSITY EMPLOYERS MAGAZINE
Spring 2011 - Anniversary Commemorative Issue

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Ice on Immigration: The Congress and Immigration in 2010 

By L. Patricia Ice, Featured Columnist

Question: Is there any proposed federal legislation that might improve the plight of undocumented immigrants and others that the US Congress will address in 2010?

Answer:  There is proposed legislation and, hopefully Congress will discuss and pass some of it in 2010.  One major piece of legislation is called the Development, Relief and Education for Alien Minors (DREAM) Act.  The DREAM Act, reintroduced by a bipartisan group in the U.S. House and Senate in March 2009, addresses the situation faced by young undocumented people who were brought to the United States as children and have since grown up here, stayed in school and have not had any trouble with the law.  There have been about 65,000 students raised in the U.S. in each of the past few years who would qualify for immigration relief under the DREAM Act.  These include honor roll students; talented athletes; artists and scientists; and aspiring teachers; physicians; attorneys; and military personnel.  They are young people who have lived the majority of their lives in the United States, but due to their undocumented status are unable to work; most cannot study legally in this country, and they live in constant fear of detection and deportation by immigration authorities.  The DREAM Act would apply to eligible undocumented immigrants between the ages of 16 and 35.  It would allow these young people to seek lawful permanent residence and citizenship and get on with their lives in the only country they have really ever known.

Another piece of legislation was introduced in the U.S. House of Representatives by Congressman Luis Gutierrez, a Democrat from Illinois on December 15, 2009.  H.R. 4321 is called the Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009 (CIR ASAP).  The legislation contains six parts called titles:

Title 1 focuses on Border Security, Detention and Enforcement.  One of the provisions of Title 1 repeals the so-called "287(g) program" and clarifies that the authority to enforce federal immigration law lies solely with the federal government. 

Title 2 focuses on Employment Verification, which sets up a system to employers to verify each new hire's authorization to work in the United States. 

Title 3 addresses Visa Reforms and focuses on the reduction of existing immigrant visa backlogs for family members and workers. 

Title 4 proposes an Earned Legalization Program for the Undocumented.  It creates a program providing conditional non-immigrant (temporary) status for eligible undocumented immigrants, their spouses and children and would be valid for six years.  Those undocumented immigrants who have been convicted of serious crimes or persecution in the United States or abroad would be ineligible for this program.  If temporary legal status is granted, however, the status could lead to permanent residence and naturalization after the six-year period.  Requirements for adjustment of status to residency would include demonstration of positive contributions to the United States, comprehensive criminal and security background checks, knowledge of the English language and civics, medical examination and payment of all taxes.   Pursuant to Title 4 there would be a special rule for those undocumented immigrants brought to the United States before age 16 with an accelerated path to lawful permanent residency.  Title 5 would strengthen America's workforce by establishing a Commission on Immigration and Labor Markets to provide researched, unbiased, accurate recommendations for future flows of workers.  It would also establish the American Worker Recruit and Match System to match qualified workers with certain job opportunities.  A key component of Title 5 would protect foreign workers from exploitation and abuse inflicted by their employers. 

Title 6 of the CIR ASAP Act would promote the Integration of New Americans by streamlining the naturalization process and giving financial assistance to community-based organizations, such as the Mississippi Immigrants Rights Alliance (MIRA), in order to help new Americans adjust to life in the United States.

It is important to note that President Barack Obama and his administration support the foregoing legislative initiatives. 

For more information about current immigration legislation reformimmigrationforamerica.org, dreamact2009.org, nilc.org and americanimmigrationcouncil.org.

 

L. Patricia Ice

Featured IMDiversity Immigration Columnist L. Patricia Ice is an attorney and counselor who has taught immigration law at Mississippi College School of Law in Jackson, and also contributes regular immigration advice stories to La Noticia and The Jackson Advocate.  A practicing attorney, Ms. Ice is a former Equal Justice Works Katrina Legal Fellow, focusing on immigrant family and employment issues in areas around the Gulf Coast.  Ms. Ice trains law students in the extern program of the Mississippi College School of law. She is also dedicated to immigrants rights advocacy, and serves as the Director of the Legal Project  of the non-profit rights education group, MIRA: The Mississippi Immigrants Rights Alliance at www.yourmira.org.

Articles in this column are Copyright 2006-2009 L. Patricia Ice.  All rights reserved.  Please do not reproduce further without seeking the permission of the author.

IMDiversity.com is committed to presenting diverse points of view. However, the viewpoint expressed in this article is the opinion of the author and is not necessarily the viewpoint of the owners or employees at IMD.